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刑事诉讼法增设了当事人和解的公诉案件诉讼程序,但仅有3条原则规定。为充分发挥和解程序功能,有效化解社会矛盾,同时规范法律适用,防止出现“花钱买刑”等损害司法公正的问题,《最高人民法院关于适用〈中华人民共和国刑事诉讼法〉的解释》(以下简称《解释》)对和解程序的具体适用作了较为全面的规定,切实贯彻了和解自愿、合法原则及和解从宽处罚原则,同时确
The Criminal Procedure Law has set up procedures for the prosecution of parties for reconciliation cases, but only three principles stipulate. In order to give full play to the procedural functions of reconciliation, effectively resolve social conflicts and at the same time standardize the application of laws to prevent the occurrence of problems such as “paying money for punishment” and other acts that would damage the judicial impartiality, “the Supreme People’s Court explained the application of” Criminal Procedure Law of the People’s Republic of China “ (Hereinafter referred to as ”Interpretation") made more comprehensive provisions on the specific application of the conciliation procedure, earnestly implemented the principle of leniency of reconciliation on the basis of the principle of willingness and legality of reconciliation and reconciliation